Key facts
- Benjamin Del Real Jr., 25, an active-duty soldier, was wounded near the White House on May 23.
- Del Real plans to sue the Secret Service for $25 million under the Federal Tort Claims Act.
- His lawyers allege Secret Service agents' gunfire struck Del Real in the abdomen during a shootout.
- The incident occurred when a gunman opened fire, prompting Secret Service agents to return fire.
- Del Real suffered life-threatening injuries requiring emergency surgery and removal of part of his digestive system.
An active-duty soldier, Pfc. Benjamin Del Real Jr., 25, plans to sue the U.S. Secret Service for $25 million, alleging that agents' gunfire struck him in the abdomen during a May 23 incident outside the White House. Del Real was visiting the capital with his family when a gunman, identified as 21-year-old Nasire Best, opened fire. Secret Service agents returned fire, killing Best, but Del Real was hit by a bullet, sustaining life-threatening injuries that required emergency surgery and the removal of parts of his digestive system.
Del Real's lawyer, Joseph Murphy, stated at a news conference that the Secret Service's response was botched and that agents failed to adequately protect bystanders. Murphy emphasized that Del Real and his family had no warning before he was shot. The Secret Service has not commented on pending litigation, and the Metropolitan Police Department stated that the investigation into the ballistics is ongoing.
Federal law enforcement agencies are generally shielded from legal liability, but exceptions exist for claims of employee negligence. Del Real, who joined the Army a year and a half ago, expressed concern about his ability to continue his military career due to his injuries.